Municipal solid waste landfills.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0073

ENROLLED ACT NO. 58, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
environmental quality;
providing for
municipal
solid waste
landfill
lifetime
permits; requiring annual reports; providing definitions; establishing priorities for municipal
solid waste
landfill remediation; providing for orphan
landfill
site remediation;
mak
ing conforming amendments;

expanding the use of
previously
appropriat
ed funds for environmental assessments
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 35
‑
11
‑
523 through 35
‑
11
‑
525 are created to read:

35
‑
11
‑
52
3
.

Annual report.

(a)

Effective January 1, 2012, every operator shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of each
lifetime
permit. The report shall include:

(i)

The
facility name, the

name and address of the operator and the permit number;

(ii)

A report in such detail as the administrator shall require supplemented with maps, cross sections, aerial photographs, photographs or other material indicating:

(A)

The extent to which the landfill operations have been carried out;

(B)

The progress of all landfill work;

(C)

The extent to which
regulatory requirements,
expectations and predictions made in the original
permit
or any previous
annual
reports have been fulfilled, and any deviation
there from
, including but not limited to the
capacity
of landfill used, the results of
any environmental
monitoring
,

any remediation required or completed
and
the remaining
usable municipal solid waste landfill capacity
.

(iii)

A revised schedule or timetable of landfill operations and an estimate of the
available capacity
to be affected during the next one (1) year period.

(b)

Upon receipt of the annual report the administrator shall make such further inquiry as deemed necessary. If the administrator objects to any part of the report or requires further information he shall notify the
operator
as soon as possible and shall allow a reasonable opportunity to provide the required information, or take such action as necessary to
re
s
o
l
ve
the objection.

(c)

Within
forty-five
(
45
) days
after the receipt of the annual report the administrator shall conduct an inspection of the landfill. A report of this inspection shall be made a part of the
operator
's annual report and a copy shall be delivered to the operator.

(d)

Within sixty (60) days after receipt of the annual report, inspection report and other required materials, if the administrator finds the annual report in order and consistent with the landfill operation plan and solid waste management plan as set forth in the permit, or as amended to adjust to conditions encountered during landfill operations as provided by law, the director shall determine
if any adjustment is necessary to
the size of the bond
required pursuant to W.S. 35
‑
11
‑
504
.

35
‑
11
‑
52
4.

Municipal s
olid waste landfill assessments; priority list; monitoring.

(a)

T
he department shall conduct an assessment of the needs for
municipal
solid waste
landfill monitoring and
the necessity for any
remediation on leaking
municipal
solid waste
landfills in
Wyoming
.

(b)

The department shall establish a priority list for
municipal solid waste
landfills that need remediation.
The c
riteria used to establish
this

priority
list
shall be developed and reviewed with the water and waste advisory board.
The criteria shall include, but not be limited to the:

(i)

Type of leachate;

(ii)

Volume of leachate;

(iii)

Proximity of the leachate to the nearest surface
or
ground
water;

(iv)

Ability of the responsible municipality to remediate the contamination
;

(v)

The nature of contaminants in surface or ground water affected by the municipal solid waste landfill, including whether a contaminant is naturally occurring or manmade; and

(vi)

Maximum contaminant levels.

(
c
)

For high
priority
sites identified on the list established under subsection (b) of this section, t
he department shall work with the local managers of the high priority municipal
solid waste landfills to gather data necessary for the report due under subsection (
d
) of this section.

(
d
)

T
he department shall submit
to
the
joint m
inerals,
b
usiness and
e
conomic
d
evelopment
i
nterim
c
ommittee
:

(i)

No later than
December 31
, 201
2
,

a
n initial
repo
rt
describing
an assessment of the clean-up costs at the high priority
municipal solid waste landfills;

(ii)

No later than June 30, 2013, and annually thereafter, a
repo
rt
including, but not limited to:

(A)

M
onitoring results
;

(B)

Remediation results;

(C)

T
he
assessment of the clean-up costs at municipal solid waste landfills
, including
high
, medium and low priority landfills;

(D)

Estimated high priority
sites to be addressed in the coming year;

(E)

Orphan landfill sites information and data as required pursuant to W.S. 35
‑
11
‑
525(e).

35
‑
11
‑
52
5.

Orphan
landfill
sites.

(a)

The director may expend funds contained within the account for remediation of orphan
landfill
sites and the performance of any other activity as defined in this article.

(b)

As used in this section,
"
orphan
landfill site"
means:

(i)

A
landfill
where the department determines:

(A)

There is no viable party responsible for causing or contributing to the
landfill
site; and

(B)

The
landfill
site i
s not the result of activities conducted on the site after
September 13
, 1989.

(ii)

A
landfill
site, where the department determines that the person responsible for the
landfill
cannot be identified;

(iii)

A
landfill
site where the department must take prompt action to prevent hazards to human health or the environment where a responsible party fails to act promptly.

(c)

T
o the extent funds are available, t
he department may expend funds from the account to conduct
orphan landfill
site evaluations and testing, evaluate remedial measures,
select remediation requirements
and construct, install, maintain and operate systems to remedy contamination in accordance with a remediation work plan prescribed by the
director for the orphan
landfill
site.

(d)

Revenue to the account

shall include any monies which may be deposited in the account for use in identification, characterization, prioritization, remediation and monitoring of orphan
landfill
sites.

The liability of the state to fulfill the requirements of this section is limited to the amount of funds available in the account.

(e)

The department shall provide a report to the joint appropriations
interim
committee and the joint minerals, business and economic development interim committee. The report shall be included in the report required under W.S. 35
‑
11
‑
524
(d)
and shall include:

(i)

The work completed on the identification, characterization, prioritization, remediation and monitoring of orphan
landfill
sites within the state;

(ii)

The estimated funding need for the identification, characterization, prioritization, remediation and monitoring of orphan
landfill
sites within the state for:

(A)

The next
year or the next
biennium
, as applicable
;
and

(B)

The next ten (10) years.

(f)

In any case under paragraph
(b)(iii)
of this section where the department expends funds to remediate or contain contamination resulting from a
landfill
, and where the department has identified a responsible party, the responsible party shall reimburse the department in an amount equal to t
wo
(
2
) times the expenditure from the account. The attorney general shall bring suit to recover the reimbursement amount required in this subsection where recovery is deemed possible.

(g)

For purpose
s
of this section, "account" means the account created under W.S. 35
‑
11
‑
515(a).

Section 2.

W.S. 35
‑
11
‑
103
by creating a new subsection (h)
and 35
‑
11
‑
502 by creating new subsections (o) through (r) are amended to read:

35
‑
11
‑
103.

Definitions.

(
h)

Specific definitions applying to municipal solid waste landfills:

(i)

"Aquifer" means an underground geologic formation:

(A)

Which has boundaries that may be ascertained or reasonably inferred;

(B)

In which wat
er stands, flows or percolates;

(C)

Which is capable of yielding
to wells or springs significant quantities of groundwater
that may be put to beneficial use
; and

(D)

Which is capable of yielding to wells or springs which produce a sustainable volume of more than one-half (1/2) gallon of water per minute.

(i
i
)

"Credible data" means as defined in paragraph (c)(xix) of this section;

(
iii
)

"Groundwater" means any water, including hot water and geothermal steam, under the surface of the land or the bed of any stream, lake, reservoir or other body of surface water, including water that has been exposed to the surface by an excavation such as a pit which:

(A)

Stands, flows or percolates; and

(B)

Is capable of being produced to the ground surface in sufficient quantity to be put to beneficial use.

(
iv
)

"Lifetime" means the estimated time to fill and close
a
municipal
solid waste
landfill
,
not
to
exceed

twenty-five
(
2
5) years.

35
‑
11
‑
502.

Solid waste management facilities permits
;
term; renewals.

(o)

Effective July 1, 201
2
, t
he term for a
new
or renewed
municipal
solid waste
landfill permit shall be for the lifetime of the
solid waste
landfill,
through closure,
not
to exceed
twenty-five
(
2
5) years
.

(p)

Effective July 1, 201
2
, for any existing
municipal
solid waste
landfill permit, the next renewal permit shall be converted to a lifetime
municipal
solid waste

permit
.

(
q
)

If,
during the
operation of the
municipal
solid waste

landfill, the life of the
municipal
solid waste

landfill is anticipated to exceed the term specified in the permit, the operator shall
:

(i)

S
ubmit a
municipal
solid waste

landfill
permit amendment which shall include updates on any neces
sary provisions of the permit;

(ii)

No later than three (3) years prior to the expiration of the lifetime
municipal
solid waste

landfill
permit, submit permit renewal information as required by the department. The
municipal
solid waste

landfill
permit
may
be renewed for another lifetime period, not to exceed
twenty-five
(
2
5) years.

(r)

Notice and opportunity for hearing
for an amended
municipal
solid waste

landfill
permit
shall be as provided
for a new
municipal
solid waste

landfill
permit under
this section.

Section
3
.

W.S. 35
‑
11
‑
522(e) is repealed.

Section
4
.

(
a
)

Funds appropriated
under
2006 Wyoming Session Laws, Chapter 101,
not awarded or encumbered by the director
for purposes of that act
prior to June 30, 2011, shall be available to the department for the purposes of
conducting priority assessments,
evaluating high priority municipal solid waste landfills and refining clean-up cost estimates for those sites. These sites may include orphaned, abandoned, closed and operating landfills that have indications of more serious groundwater contamination as identified in the report submitted under W.S 35
‑
11
‑
522.

(
b
)

To
complet
e
work under subsection (
a
) of this section, the
amount the
department
may expend shall not exceed
one
million
seven
hundred
fifty
thousand dollars (
$
1
,
7
50,000
.00)
of the appropriation under
2006 Wyoming Session Laws, Chapter 101
.

Section
5
.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1